OCR Text |
Show MONDAY. PAGE THREE THE DAILY RECORD 3. 1972 JUJL.Y Births Third District Court Criminal Cases Third District Court Calendar Mr. and Mrs. James Robert And revs 503 E. 1st N. daughter DE ANN SAUNDERS R. 24238 DONALD 206355 Mr. and Mrs. David Johnson 2466 W. 3965 S., son Shepherd and D. Rhode STATE OF UTAH VS. BUG MAN TERMINTE CONTROL M. C. EBERHART, Larry Lunt B. Lubeck 24203 THE STATE OF UTAH VS. JR. THE STATEOF UTAH VS. A. HARLEY 24337 THE STATE OF UTAH VS. BONNIE DON WILLIAMS D. Rhode D. Rhode THE STATE OF UTAH VS. MEREDITH PAGE D. S away a and E. Dahle 24259 Mr. and Mrs. Dan L. McConnell 130 E. 1150 S. State, Daughter Mr. and Mrs. Robert L. 145 N. Grant, son Mr. andMrs. Clayne 8018 Danish Rd, 162729 GIBBONS & REED CO. VS. MELVIN MADSEN Ralph Tate and Thomas Vuyk Petrie 195179 155280 Mr. and Mrs. David A. Reeves 1380 Capella Way, son WILLIAM G. FOWLER VS. Herschel Sapersteln 4430 Box Elder, daughter 197640 ROY CO VS. CHARLES W. Mr. andMrs. Stephen T. Showmaker 12245-9t- h E. son and L. Paul Cotro-Man- es Haynle, Allan Swan Mr. aid Mrs. Steven Sjith 4484 NancyDr. Daughter VS. 191936 S. LUDLOW ARMAND FILED PETER MARTIN BERTH & CARNICERO ORAL CUNNINGHAM L. GRIMAUD J. WILKINSON Ralph Tate and Homer Wilkinson 176168 189673 LOUIS VS. MADSEN J. 206298 GEORGE L. HACKETT VS. UNIVERSAL ROCKWELL CORP. Edward KATHERINE J. HUMPHREY O. KISSELBURG Garrett M. ORVAL 199774 RICHARD A. GALLEGOS VS. ESTATE OF WILFRED LUCERO Knute Pererson and Wendell Bennett 200947 FRANK DOUGLAS J. Matt Biljanlc and L. E. Mldgley BOLTON VS. 202048 MULLEN MC Gayle Hunt Sumner hays E. v.s. L . L. WALLACE JOYCE HINMAN VS. PACK DelbertDraper and L. L. Sunmerhays VS. AHULIA A. ADAMS WILFRED DUFFIELD 197970 Third District Court Criminal Cases Roger Cutler and L. L. Summerhays 197705 RAYMOND D. RONALD L. REID HOWE VS. 24261 THE STATE OF UTAH VS. John Creer and David Winder RICHARD C. 201554 BULLOUGH ASBESTOS SUPPLY CO., VS. ALBERTSON R. M. Child and Richard Glague RUTHERFORD MEAT CO. 201929 A. R. WASATCH KEYS Blamforth and R. VanSciver 24063 THE STATE OF UTAH VS. CARL ROBERT L. vs. CLLISTER Richardson C. Balmforth and 198349 INTERSTATE j. COLLECTIONS Mltsunaga Stephen Johnston and Don THE STATE OF UTAH VS. SAMUEL JAMES JR. Blackham Phil Hanson JOHN SIMEONS VS. STRATEGIC MEDICAL RESEARCH, 24083 THE STATE SAMUELJAMES, CORP. Phil Hansen VS. WALTER BARNARD 24084 204472 Michael F. Heyrend and Richard J. UTAH VS. JR. 24275 THE STATE OF UTAH VS. Leedy LAWRENCE 194375 OF LEROY MANCHEGO S. Haycock and P. Leary MAURINE BARKER VS. At trial the court dismissed the counterclaim and gave a judgment of foreclosure to the plaintiff. The defendants Bainum appeal. The evidence was to the effect that one Van Gorder had a right to purchase some stock in a Utah corporation known as Continental Republic life Insurance Company, for which he worked. He severed all relations with the corporation and failed to exercise his option to purchase the stock. Marvin L. Bainum claims that Rush and Wilder told him that he could exercise the Van Gorder option. He at no time paid anything to the Continental Republic life Insurance Company for the stock. Rush and Wilder paid for the entire Van Gorder option by giving some bonds which they owned, and they allowed Mr. Bainum to sell some of the stock and from the proceeds to pay to them the option price and to keep the profit himself. Bainum complains because Rush and Wilder did not permit him to sell all of the stock taken under the Van Gorder option. There is a dispute as to what the original arrangement was between Rush, Wilder and Bainum. The court was justified in believing and finding that no promise was made to Bainum to give him all of the Van Gorder stock. Be that as it may, it.is of no concern in this lawsuit. is a corporate entity separate and apart from its stockholders and officers who are not acting in their official positions. The fact that Rush and Wilder own 60 per cent of the stock of a company that owns a controlling interest of the plaintiff herein is of no help to the Bainums in this matter. The-plaintif- f The Bainums further contend that at the time the mortgage was given the plaintiff was not fully qualified to do business in Utah, and for that reason the note and mortgage are void. 24041 THE STATE OF UTAH VS. LESLIE G. MOORE James Medlln and Dennis Norton The Bainums mortgaged their home to the plaintiff for a good and valuable consideration and failed to make the required payments on the mortgage. This suit was brought to foreclose the mortgage. The Bainums counterclaimed for stock which they claim had been converted by two men, Rush and Wilder, who owned 60 per cent of the stock of a holding company which had a controlling interest in the plaintiff corporation. INC. DOWELL Brldvell Alan Jeppsen, Orval Harrison and R. A. Hlntse Leonard Russ on VS. BARGAIN BASKET,' ROBERT Richard C.Dlbblee and George VS. COOK, INC. P. R. Fishier, 200890 L, M. Cummings, Clerk VS. Brant Wall and John Snov - May 31, 1972 Marvin L. Bainum and Nadine M. Bainum, Defendants and Appellants. ELLETT. Justice: SALT LAKE COUNTY C. Van Drunen WAYNE M. HEVERTSEN 198819 No. 12669 M. 198409 GATES RADIO CO. VS. VS. National American Life Insurance Company, Plaintiff and Respondent, INVEST. L. BUTCHER W. 205820 Calendar J. TRUJILLO T. Quentin Cannon and F.Robt. Third District Court ROBERT OF UTAH VS. S. Haycock and L. Brown TAGGART Reeder, Ronald Barker 141835 ROGER JAMES In The Supreme Court Of The State Of Utah IRVIN D. BIRD Mr. and Mrs. Vernon R. Rigby THE STATE OLUMPIC CONSTRUCTION CO. Oman daughter 24280 D. Rhode VS. DAVID R. JONES David E. West and Milton A. Poulson W. 24143 THE STATE OF UTAH VS. EE ANN SAUNDERS 24273 THE STATE OF UTAH VS. MICHAEL LLOYD ALLEN P. Van DaA and B. Lubeck There is no merit to this claim. By Sections 945 and 947, C. L. U. 1917, contracts entered into by a noncomplying foreign corporation were void and unenforceable. However, the law has been amended, so that effective January 1, 1962, contracts entered into in the State of Utah by 1 nonqualified corporations are not void. The plaintiff was fully qualified to do business in Utah prior to trial and hence had a right to use the courts of this State to enforce its rights against these defendants. 1, Chapter 28, L. U. 1961. 2. See Section U. C. A. 1953 (Replacement Vol. 2); also see cases cited in the annotation in 75 A. L. R. beginning at page 465. r1 (!), CLAUDIA WALTON Richard Day and Weston Bayles 24143 THE STATE OF UTAH VS. fttHMftftftftftftftftfmfffiftftftftftftftftftfti ft As a matter of fact, the defendants at trial offered no evidence of any lack of qualification on the part of the plaintiff to do business in Utah or to maintain this suit. The trial court found the note and mortgage to be valid and that plaintiff was qualified to bring the foreclosure proceeding. ft KiNCECLEYS ft ft $500,000 ft INVENTORY SALE q ft ft The evidence supports these findings. The plaintiff is entitled to foreclose its mortgage; and if Mr. Bainum has any complaints to make against Rush and Wilder, the courts are open to him. BRAND NEW CHARGERS BRAND NEW C0LT- S- The judgment is affirmed. $2095 $2997 quoranteed as long as you own it quoranteed as long as you own it Costs are awarded to the respondent. WE CONCUR: BRAND NEW P0LARAS BRAND NEW DARTS E. R. Callister, $3655 $2298 quoranteed as long as you bwn Besides, since Marvin L. Bainum was president of the plaintiff corporation, it was his duty to see that it was at all times qualified to transact business in Utah, and he ought not be permitted to avoid paying his just debts because of his own misfeasance. guaranteed as long as you own it. Jr. , Chief Justice it R. L. Tuckett, Justice 19th So. and Main 359-765- F. Henri Henriod, Justice 5 ftftftftftfl'ftftftftftflftftftftftftftBBi J. Allan Crockett, Justice |